Preface | p. ix |
Introduction Why Care What the Constitution Says? | p. 1 |
Constitutional Legitimacy | |
The Fiction of "We the People": Is the Constitution Binding on Us? | p. 11 |
Constitutional Legitimacy without Consent: Protecting the Rights Retained by the People | p. 32 |
Natural Rights as Liberty Rights: Retained Rights, Privileges, or Immunities | p. 53 |
Constitutional Method | |
Constitutional Interpretation: An Originalism for Nonoriginalists | p. 89 |
Constitutional Construction: Supplementing Original Meaning | p. 118 |
Judicial Review: The Meaning of the Judicial Power 131 | |
Constitutional Limits | |
Judicial Review of Federal Laws:The Meaning of the Necessary and Proper Clause | p. 153 |
Judicial Review of State Laws: The Meaning of the Privileges or Immunities Clause | p. 191 |
The Mandate of the Ninth Amendment: Why Footnote Four Is Wrong | p. 224 |
The Presumption of Liberty: Protecting Rights without Listing Them | p. 253 |
Constitutional Powers | |
The Proper Scope of Federal Power: The Meaning of the Commerce Clause | p. 274 |
The Proper Scope of State Power:Construing the "Police Power" | p. 319 |
Showing Necessity: Judicial Doctrines and Application to Cases | p. 335 |
Conclusion Restoring the Lost Constitution | p. 354 |
Index of Cases | p. 359 |
Index of Names | p. 360 |
General Index | p. 363 |
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